Newspaper Page Text
i'Hl PUBLIC GOOD BEFORE PRIVATE ADViNlAfll.
BY ADAIR & SMITH.
ATLANTA, GEORGIA, TUESDAY, NOVEMBER 11, 1862.
VOLUME II—NO. 228
ieuutetK ItiBfellmfg
subscription A AdT«rti*lB| Schtdal* or
ihe Confederacy and Intelligencer.
TICKM8 01 BPH8CRIPTI0N.
j.iij, f.ii »nnum, II OU
Weekly, per aauum, 3 00
Daily, >ix month*, 4 qo
Unity, three months, g 00
Daily, forty days, 100
Unity, one month, 76
t'-iyment required invariably in Advano*.
ADVERTISING.
out vquare of 10 linen or lent, one lnaertion, *1, a.d
r/uiy Cent* lor each nuh.cquorjt lnaertion lest than one
■ontli.
1 mo
2 mo*.
8 mo*.
4 mo*.
6 mo*.
12 m.
Square,
»T
•10
•is
•18
•20
•30
t juaret,
16
18
16
20
26
40
1 Squares,
18
17
21
24
80
60
1 .square*,....
16
20
24
28
35
65
*
18
23
2s
32
40
60
i .Square*,. .
20
25
80
85
48
66
1 iqu are*,. .
as
23
64
40
45
70
• t|U*r.
23
80
87
49
60
76
t it|UArea v .
24
82
40
46
65
SO
» * iu*rel,....
25
83
41
48
40
t>6
Vearly advertising, with the privilege of change, will he
< 'n ni the following rate*:
>•01 one Square, renewable once a month, |lt
• *ni three Squares, 60
• <>< one-fourth Column, lu
»/«r uur-nalf Ooluinn, 110
► me Column, 230
.1 lalului work, with or without rulec, aiol advertlse-
uftoccupying double column, will be charged double
’is above rale*:
Auvcnioeno ats not mm ked on copy for a ipeoifled time,
mil pnblifihetl until ordered out, and charged according
ihe above rate*.
Advertisement* inserted in the Dau.t, and Wuiti, edl-
14-U110, »iii be charged 60 p<-r cent, additional to the regu-
i.i.i daily rates.
Nearly lUPei users will be limited to the space contract
ed :u,r. They will be charged extra at regular rated for
laoa.1, item*, Removal*, Copartnerships, Notice* to Con-
iguesw. An., ami payment demanded quarterly.
It/ - 'ilnaadianx AnvanTiniKu most b* paid to* i* An
Add*.
Jin auveruoonumt srill appear in the Weekly paper un
1.1 oy special OonlxacA.
Advert.semenLs to hejnserted in the Weekly paper only,
■ at irregular intervale in either ol the paper*, will be
l aiged 41 per square tut .every insertion.
Auiiouiuiugcaudidstu* lor btate, County, and MuoicJ-
*1 office, |o each—to be paid in advance In every instance.
All advertisement* for Charitable institution*,Military
and fire Companies, Ward, Town, and other Public Meet-
igs. will be charged half pr ice.
Marriage, and deaths are published a* news; but Obit-
.jaiiee, Tributes of Respect and Fuueral invitation a*
tl.er advertisements.
editorial Notices in Local Column, will be charged Ml
ruts per lino.
r:.e paper, under no cir. urmtaucos, to l» ,nciuaed in •
. nr tract.
Id tied lie tom or variation will be made from the forego
1TH.
■.^g rate*.
ADAIR A SMll
W. H. HENDERSON & CO.,
ttliolesale and Retail
(; H O O E R S
AND
Commission Merchants,
Whitehall Street,
ATLANTA, GEORGIA.
sep2t(
p 1 m’dakisl. H - k**°* ,} -
McDANlEL & STRONG,
WHOLESALE GROCERS,
COMMISSION MERCHANTS,
ANii 0CALEBS IN
jA.1i Kinds of Produce,
untar Strut, between Whitehall and Prior,
/ATLANTA, - (SKORCilA.
aug31-tt
SOLOMON COHEN,
)EALER IN NEGROES,
WHITEHALL STREET,
1 LiAATA, - GEORGIA,
N FORMS iLc public ibat he has located himself in this
l»Jact> lor buying and aelliLg Slave®, and will keep tnl®
mket supplied with the choicest stock. He ha* now
r baud a largo variety of Cocks, Washers ana Ironers,
id Mcuso servants; also, Mechanics, Farm Hands, and
.triage Drivers Any one wishing to sell will pleas# call
1 him, as he will pay the highest market price for prime
» Te *. SOLOMON 00HEN,
ocll-3m Whitehall street, two doors from Mitchell.
A CARD.
* retiring from the Ambrotyde and Photographic bu
siness in this city, I return my sincere thank* to my
f friends and patrons for their liberal patronage for
ast nluo years. _ , , . , „ .. _ .
iving sold my Gallery to Mr. John Lacks, late ot Tai-
aee, Florida, I would respectfully recommend him as
h-toned genllemau, and an artist of superior ability.
. Lache will rtoopeu the Gallery on the 12th of June,
1 he will be prepared to execute Ambrotypes, Photo-
bs, lvorytypes, Plain and Colored Card Photographs,
Visiting Cards; also, Life-site aud Cabinet Photo-
hs in Pastel or OU Colon.
,y 27-<hn 0 W. DILL
M
FOUNDRY AND MACHINE SHOP
FOR SALE.
’ I'Uk. UNDERSIGNED, Proprietor* of the Chattanuug*
I Foundry and Macldne Works, propose to sell the en-
ti.e establishment, embracing Machinery, Tools, Stock on
t .ud Ac.—ail of which is as complete as any establishment
ol the kind iu the Confederacy. We are now doing a large
„no profitable business, which w.-uld go immediately Into
tu> hand* ol oVr euccessers. TUo superior advantage* of
SJSiSSif. ‘ ~M.WSM.ttSg,
Chattanooga, July JI, 1*°-^ *°*
otice—Barks Wanted.
MEDICAL PURVEYOR’S OFFICE, l
Atlanta, Ga, June SO, 1862. J
pi.es* will be paid by the undersigned for
aiuiQtitie® cl the following BAWLS. .
ranches and root ol Dogwood, (rcot prefsrredj,
^roT^ White WiUow; timukeud
of American Poplar, (caUed also White-wood, Ca-
Botanical Age-, BLAOKM,
Burgeon and Medmal Purveyor, 0. a. A.
J. B. tippin,
hole&alc and Retail DtiiliiM in loft’lgD 1
UOZEfigtiC
1)KV GOODS,
toNNALLY’S BLOCK. Whitehall stieet, four
t Alabama street. apnsss
rum
HICK.;
TlthC Ed RICE, on rowiirnirentand for sale by
ANDERSON, ADAIR A 0U,
CommMon Merchant*.
Headqu’bs Dept. South Cabolina
akd Georgia, Charleston, S C
Oct 24, 1862
(Extract.)
Special Orders, 1
No. 203. /
IL Officers and soldiers arriving and re
maining twelve hours or more at Columbia,
Savannah, or any oilier Military Post in the
Department, will report at the office of the
Commanding Officer, and exhibit their au
thority for being absent from their posts.—
Commanding officers are expected to be rigid
and vigilant in enforcing this order
By command of Gen. Beacbeqabd.
(Signed) THOS. JORDAN,
Chief of Staff and A. A. U.
Official-- J F. O’Brien, Capt and A A. G
Headquarters, Military Post, I
Atlanta, Ga., Out. 27, 1862. /
General Order, 1
No. 14. /
Commanding Officer, Atlanta
In obedience to orders received trout Geu.
G. T. Beauregard, Commanding Department
of South Carolina and Georgia, all commis
sioned officers must report to these H eadquar-
ters immediately upon arrival, and not remain
longer than twelve hours at Ibis Military
Post, unless they have special permission or
are under written orders.
Non commissioned officers and soldiers will
not be ullowed to remain in this city uult-ss
they should he waiting the departure of trains
leading to their respective commands, and
then they must report to these Headquarters.
In view of tho fact that an extensive con
valescent camp has been ordered to be loca
ted at this point, it is thereby ordered that
no person whatsover shall sell, or cause to be
sold, in any quantity whatever, auy liquor of
any kind ; and if liquor is sold, in violation of
this order, by any citizen of this place, or for
five miles around this city, the person bo vio
lating shall forfeit his or her liquor, and it
shall be immediately seised; unless the up
plicant wishing to put chase liquor isfurnish-
ed with a written order from ihe surgeon ot
said convalescent camp or by the commander
of the post
No soldier who is, or may be, an inmate ot
any of the hospitals at this post, will be per-
miited to roam around the city or its environs
witTOn a written order from the surgeon in
oi.orgo of ibeir resneotive hospitals, which
order must he countersigned at mis uiuue.
By order G. W. LEE,
Com’g Post and Provost Marshal.
Cargo Sale.
By Chamberlain, Miler & Co.,
Ho. 147 MEETING STREET,
CHARLESTON, SOUTH CAROLINA.
JAMES H. TAYLOR, Auctioneer.
O N Wednesday morning, November 12, commencing at
10 o’clock, will be sold 1200 Packages Aaeoited Mei-
chandiae, leceired per steamship
DRUGS.
6 cases Calomel, £60 lbs
24 cases Sulphate Quinine, 2,400 cz
4 barrels Balsam Copaiva, 454 lbs
4 cases Rhubarb, 206 lbs
4 Has; s Quicksilver, 306 lbs
1 case Anniieed Oil, 64 lbs
1 case Cassia Oil, 65 lbs
2 case? Tnrkry Opium, 390 lbs
10 cases Castor Oil, 1564 Sts
1 case Assa'cedita, 896 Rs
1 case Nutmegs, 200 ft a
1 case Refined Camphor, UO fts
3 casks Chlorate Potash, 660 fts
1 cask Bi Chromate Potash, 552 fts
1 case Conserves Roses, 100 fts
1 case Pulverized Liquorice, 100 fts
1 case Chloroform, 60 fts
1 case Strychnine, 80 oz
1 keg Gum Arabic, 100 fts
1 cute Sweet Spirits Nitre, 16 tl s
1 case Oil Lemon, 20 fts
1 case Oil Sassafras, 26 fts
1 case Oil Cloves, 35 fts
1 case Oil Peppermint, 25 fts
1 case Oil Bergamot, 25 fts
3 cases Turkey Opium, (powdered; 150 fts
1 case Ipecacbuana, CO lbs
3 cheats Lump Magnesia. S76 fts
1 case Oarb Ammonia, 168 fts
1 ouso iodide Potash, 1216 oz
1 case Copaiva and Cobeb Capsules, 6 j doz
4 cases Brown Windsor Soap, 560 fts
4 cases Honey Soap, 60 doz
1 case Mallow Soap Tablets, 16 fts
90 kegs Bl Carbonate Soda, 10.080 fts
1 cask Bleaching Powder, £47 fts
8 hales Hops, M49 fts
1 case Sulphate Morphine, 150 oz
40 kegs Tartaric Acid, 4,480 fts
4 casks Cream Tartar, 1,033 fts
6 casks Soda Crystals, 643 fts
1 case Toilet Soap
GROCERIES
128 chests Oolong Tea, 4,792 fts
1 case Durham Mustard. 120 fts
26 bags Black Pepper. 2,500 fts
60 boxes Stearine Candles, 1.250 fts
100 boxes Sperm Candles, 2 600 fts
100 boxes Yellow Soap, 6,600 fts
6 cues Sardlnee, 600 boxes
4 cases Sardines, 800 boxes
16 cases Preserved Meats
1 case Chocolate, 120 fts
3 cases Cocsa, 386 fts
20 boxes Olive Oil
100 boxes Tobacco
LIQUORS.
60 cases Champagne
26 cafll Old Henneeey B.andy
IS demijohns, 6 gallons each, OU Brandy
U quarter casks London Deck Brandy
DRY GOODS.
10 English Grey Sheeting, 20.000 yards
6 bales English Grey Shiritng
IS tales English Bleached Long Cloth
2 bales English Bine Denims
1 oaae White Cotton Tapes, 450 gross
1 case Waite Stay Binding, 6£0 gross
1 case Worsted Tapes, assorted colors, 200 gross
4 cases Felt Hats, 1-5 dozen
S06 Tweed Suits
100 Blue Serge Suits
78 dozen Merino Umi<H shirts
3 hales Huckaback
1 bale Towels, 34% dozen
1 bate Grey linen Drills
1 bale White Linen Drills
1 bale Bunting
1 case W B Flax Thread
4 cases Black Flax Thread
£60 dozen Ladies’ White Cotton Hose
£60 dozen Brown Half Hose
30 dozen Linen Bosom Shitts
60 dozen Osnabnrgs Shirts
6 bales Confederate Grey Cassimere
70 balee % Brown Shfrting
20 ha’os 4-1 Brown Sheeting
60 bales 8 cz Osnabmge
• 15 hales 10 cx Ducks
10 bales Brown Prills
SUNDRIES.
1 cask 9 inch Dinner Plates, 14 gioss
1 case Hair Brushes. 60 dozen
1 £2 table j£dTMSpoon*, HO grosz
^^JSSStSwebUng. nov5-td
Another Chance to Volunteer.
FIFTY DOLLARS BOUNTY—ONLY TWO YEARS'
SERVICE.
A bout hixt? able-bodied men are wanted
to fill up the ranks of the
JO THOMPSON ARTILLERY
to its maximum.
The Artillery Is a mounted coupany, aud lias a flue Bat
tery of Light Pieces, with a full complement of llortta
and all necessary appurtenances. The Company was fo;-
merly attached to the famous “ Wright Legiun” but d»
tached in June last and placed on doty at lte-niien. twelre
miles south of Savannah— on* of tho most beautiful, plea
•ant and healthful places in the country—where it is pr>
babie they will rtmain during the balance of thtir term
of service, now aver one-third expired.
The nndeisigned has anthority for saying that he has
power to dlt up his Company of persons subject to Con-
ecrijition, and that ail such who may join him will be en
titled to the sal&s Immunities and pay (including Fifty
Dollars Bounty) as the original members of his c rps. lie
respectfully invites all who may feel disposed to joiu him
to do so immediately. Col. G. W. Lee, or Lient. Col. L. J.
Park, at Atlanta, will ftarnfeh transportation to all recruits
for my company
C. K. HANLE1TER,
Captain Jo Thompson Ailillery, Cotnmandii g Beauiiel
Battery. mvS 4t*
JUST RECEIVED.
AT
JAMBS M’PBERSON & CO.’S.
P OLLABl’3 FIRST YEAH uF THE WAR, U £0. By
Mail *3.
Htodes’s Tacti s, 2 voli- new edition—13. f j mail i-i 50
War bongs of the South
The Soutuern Spy.
Camp Songs for Southern Soldiers, £5 cei to
War—a Poem—with notes
Macleod’s Military Sergei y. «
Chisolm’s Military Surgery—a now id lion
Letters of MozU Addums.
Life of James W Jackson.
Cause and Contrast—An Ksoay mi the A:u. ri:nr. CV.ais.
Vielie on Field Fortifications
Cary’s Bayonet Exercise and •'ifrmidi Drill.
Mahan’s Field Fortifications.
Pattou’s Cavalry Drill and Sabre Exercise
Quartermaster’s Guide
Volunteer’s Caisp and Field Book
Roberts’ Uaud Book of Artillery.
The Second Battle ol Manassas—56 cents
uov6-tf JAMES SlcPHERSON a CO.
W H IXWAN. M COL*. w P ISMS
INMAN, COLE & CIO.,
GENERAL
Commission Merchants
For the Purchase and Sate of Me chtmtise
Real Es.at', Lire Rock, Bonds, Stocks,
Negroes, &c.
U ’ fc have ample store room, aim v*m g..» i
teutlon to e'l business entrusted to ns.
Beach * Root’s store, Wniteball stieet
Office I
novl-t’
Cavalry Battalion.
M Y battalion of Georgia Dragoons has not attained its,
maximum. I will Btill take more men, either singly
or by companies. Now is unquestionably the time to yo.
unteer. The opportunity will soon bo lost. The new Col
script act must be enforced. Congress has already passed
a law providing camps of instruction. The next step wilt
be Conscription. Anthority will be given to raise compa
ides Everything will be furnished but. horses. To thoat
who wish to select for themselves, and who like the caval
ry arm of the service, this wilt be about the last opportu
nity. Apply to me personally or by letter a* Dalton, Ga
I. W AVERY,
ocl-ilm Lt Col Bat Georgia Dragoons
Wanted by the Selma Foundry,
-SdfiliMA, ALABAMA
FIFTEEN OR TWENTY GOOD MOULDERS, IilOdt
jj acquainted with the casting of heavy ordnance, shot
and shell would be preferred. Also ten or fliteen gocn
Machinists, and as many good Blacksmiths, aud halt .■
dizon good Pattern makers, to all of whom full wages aw
permanent employment wUl be given. Selma is a baauti
ml and healthy place, and haa all the conveniences ol *
city of ten thousand inhabitants. The Foundry work-
exclusively for the government, and all the hands employ
ed in it are exempt from the Conscript law and null tar ;
a °nov6-lm* B. J. MCRAE 4 CO
Agency for Virginia Tobacco.
A.
CONNELL, well known throughout Georgia as
x Wholesale Dealer in the best aad most popula:
brands of Chewing and smoking Tobacco, would announce
to his friends that he has recently established in Mont
gomery, si.feH"*, an Agency for the transaction of a stnw
Wrnn Esxi.E TOBACCO BUSINESS. AU orders prompt
filled, and personal attention given to shipping, WUl
10 Mtnntnc 0 that no house in or out of A irgiuia can un
der^llml A. CONNELL,
sep2C L 3m No. 11 Court st., Montgomery, Ala.
AX THE CITY HOTEL.
28 LIKELY YOUNG NEGROES FOR SALE
rtONSISTING of Field Hands, Cooks, Washers and Iren
4 , erg . Seamstresses, Girls with first and second children
Nurses and Carriage Drivers. I will keep constantly or
hand a good lot, and I trill buy and seB negroes on com
mission. Please take a look be.ore buying. The City Ho
tel Is near the Passenger Depot, Washington Hail, Troui
lawsos fields.
Ofries Mxsical Director,
Headquarters Department East Tsnessee,
Knoxville, October 6,18bz.
B Y command at the Secretary of War, an Army Medical
Board will convene on Wednesday, October z3, at
Knoxville, Tennessee, with 8nrgeon J.P. Logan m Presi
dent, for the rT* T " lTiatian of Medical Officers in the Be-
nartmestt of East Tennessee. Medical Officer, serving reg
*-«anent of Staff Ofllcers, and applicants
Itation from the War Department, will
present themselves
ocll-cf
FRANK A. RAMSEY,
Med Director, Dept East Term.
A LADY TEACHER)
O NE of expert an oe and ability wishes to forma seise:
Maas 0 f young Misses, to stuoy the higher blanches
of English. French and Latin Grammar, Drawing, Em
broffiJrysid Needle Work of all kinds. As a limited num
ber only will be taken, Parents and Guardians wishing tc
avail thsmselrrs of this advantageous method of teaching
will an ply early. For further particulars in le.ereuee u
terms^AC, apply to W F Herring or G G Hull, of th s city
ecl#-lm
OSNABURGS,
COTTON YARNS, SHEETINGS AND SGlRTI&iSi
1 Art BALE* 8 OZ 03NABU-RG8;
J.UU go hales In Shir tings,
30 bales 4-4 Sheetings;
80 bales Cotton Yarns, assorts! numbsrs
tin consignment and for sale by
u ANDERSON, ADAIR t «Xb,
oc.lati Groces* and Commission Merchanu
FIRST GA. CAVAlsRY RRGIMBWT.
E very t-ffier and Soldier of the F.ret Georgn* Rcgi
meat ol Cavalry, who is now abfenl f .
meat and fit for duty, will report immediately ° J J
Morrison, commanding brigade, at Mar freest ^ ,
or they will be pablishad as deterters and
ly P^olid pftzouew wUl ah» ^
Lt Col Oomd’g let OaReg’t Cavalry.
CASS1MERES, TWEEDS AND PLUN8.
4 .-sum GEORGIA CA8SIMERB8;
4 bale* Wool Tweeds;
6 bale* Georgia Plains.
On consignment and tomde bj
ocl»-tf U1 "4- -
ffitititeitt tjonfedcrarp
LEO W. ADAIR .J. HENLY SMITH,
UD1TOK3 ANf> PHOPRIKTOKS.
c .'MITH, M D., ASSOCIATE EDITOR.
Special Message.
Executive Department, 1
Milleilgeviile, November 6th, 1862. /
To the Senate and House oj Representatives •
The great struggle for liberty and indepen
dence in which we have been engaged daring
the pait year, against a powerful and relent
less enemy, has called not only for the exer
cise of tho united energies of our whole peo
ple, but for the most costly sacrifices of blood
and treasure. When we look at the material
of which the armies of the contending par
ties are composed, we can but exclaim, how
unequal the contest! In the armies of the
South are found her noblest and best sons,
whose valor upon the battle field has been
unsurpassed, and whose blood in abundant
profusion has been poured out, a rich sacrifice
upon the altar of liberty. The Northern ar
mies, on the contrary, have been composed,
in a great degree, of imported foreigners and
paupers, and of the worst classes of Northern
society, who Lave served as mercenaries, and
whoso destruction, in many instances, has
been rather a relief than a misfortune to so
ciety. But the contrast does not stop here.
The moiives which prompt tho people of the
two sections to protract the war, are as dif
ferent as the materials of which the two ar
mies are composed, are unlike. The people
of ihe North are fighting for power and plun
der, the people of the South for the liberty
and independence of themselves and their
posterity. Our enemies haveitin their pow
er to stop the war whenever they are content
to do justice aud let us alone. We can never
op. fighting while they continue to attempt
our subjugation, but must prosecute the war
with vigor, if necessary, to the expenditure
ot the last dollar and the destruction of the
last man. If we are subjugated, let it be
only when'we are exterminated. We were
bum free ; and though it be upon the battle
field, we should die free.
This I believe to be the unanimous senti
ment of the people of Georgia who have, on
this question, laid all party divisions and
iiiitv-r.>npa<. - and have from the commenoe-
ineuL OT TTifc suuggic, — ..— «sht
ill. ir whole duty to the cause, and to their
brethren of the other Confederate States.—
Not a requisition has been made upon Geor
gia by ihe President of the Confederacy for
assistance which has not been met without
delay ; and in every case of requisition on
ihe State for troops, more men have been
tendered than were required
In the face of this proud record, no plea of
necessity could be set up, so far as Georgia
was concerned, (and I believe the remark will
apply generally to all the States,) for the pas
sage 01 any act by Congress to raise troops,
which either infringed her constitutional
rights, or disregarded her sovereignty. The
Act of Congrfss of 16th April last, usually
known as the conscription act, in my opin
ion, does both; and is not only a palpable
violation of the Oon titution of the Confed
eracy, but a dangerous assault upon both the
rights and ihe soveii-ignty. ihe States.—
Who suppuse'd, wbtu we entered into this
revolution for the defense of State Rights
against Federal aggression, that, in a little
over year, the persona of the free born citi
zens of the respective States would be regar
ded and claimed, while at home in pursuit of
their ordinary avocations, as the vassals of
the central power, to be like chatties, ordered
and disposed of at pleasure; without the con
sent, and even the protest of tho States to
which they belong ; and that he who raised
his voice againBt such usurpation would be
denounced by the minions of power as un
true to the cause so dear to every patriotic
Southern heart ? And who that has noticed
the workings of the conscription policy, will
say that this picture is overdrawn? Not only
the rights and the sovereignty of the StateB
have been disregarded, but the individual
rights of the citizen have been trampled un
der foot, and we have by this policy been re
duced, for a time at least, to a state bordering
upon military despotism.
This extraordinary act has been defended,
however, by two classes of individuals, upon
two distinct grounds. The first class admit
its unconstitutionally, but justify its passage
upon the plea of necessity, and say that
without it the twelve months volunteers could
not have been kept in the field in a time of
great emergency ; and further, that the con
stitution is a mere rope of kand in the midst
of revolution. Tho second class justifies it
on the ground that Congress had the right
under the constitution to pass it Is either
correct?
To the fir=t, it may be replied that the pdea
of necessity cannot be eet up, till it can be
shown that the States when called on had
negWted or refused to fill the requisitions
made upon them for troops by the President.
A^ain, in reference to the twelve months
troops* it should be remembered that the Gov-
ornment-only called on them to volunteer for
that period before they left their homes, and
that the contract clearly implied between
them and the Government wa3 that they ehould
faithfully serve it, an <lo all their duty as
soldiers for that period, and that they should
have all the rights of soldiers, with the legal
pav and allowances, and should in good faith
Undischarged and permitted to return home
at the end of that time. The Government
cannot, therefore, be justifiable in violating
it* contract, and acting in bad faith towards
them, no matter how great the emergency
may have been, unless it can be shown that
the Government, by the exercise of due fore
sight and energy, could not have supplied
fh g etr places iu time to meet the emergency.
The flot that they were twelve months men
was well known "j the Government from the
time they entered the service W ^ 0 th , en
were not requisitions made upon the States
£,r enough of troops to fill their places a suf-
brfor. a, expirilion of tb«jr
•arm to have men in sufficient numbers ready
/S s^vte*: But admit that the Govement
had neglected this plait duty tnl « ao *
too late to get the men from tho States inwardly more constitutional than the fomer
ime to meet the crisis, and that it had on%nd liable to enormous abuses. The act was
that account become necessary for it to violate | temporary, and was temporarily revived m
it-i contract with the twelve months men, to|lo7, but never upon any later occasion,
save the cau^e from ruin • was it then neces- The Convention of 178, sat thirty years after
sary to pass a general Conscription Act to ac- the British Government had aban ^ n ?^
coJplish this purpose ? Could it not have policy of conscnpuon, even of persons having
been done by simply passing an act compell- ; no lawful employment, as unconstitutional.-
ing all twelve months men, of every age, to j The Convention was composed mostly of in
remain in service for ninety days, as all un- ; telligent lawyers, who were well acquainted
der 18 and over 35, though not conscripts,. with this fact, which leaves no room to doubt
were compelled to do ? This would have giv- that when they gave Congress the power to
en the Government three months more of j “ raise armies,, they intended that the phrase
time to provide against the consequences of its ! to raise armies ” should be understood in
former neglect, and raise the necessary force, j the sense then attached to it, and that the
* i .»i t -Fx it a. • iL- arniioQ cKonM Ka voicml Kr /pJHT f rtli&i-
and would have left the troops in the mean
time, under the command of the officers ap
pointed by the States, as provided by the
Constitution. The emergency would thus
have been met, more of justice been done
even to the twelve months volunteers, and no
dangerous precedent at war with the consti
tutional rights of the citizen and the sover
eignty of the States would have been estab
lished. It must also be recollected while up
on this part of the subject, that the act, by
it plain letter deprived the troops who had
armies should be raised by volunteer enlistf
ment; which was the only constitutional
mode then known in Great Britain or thix
country. It had not anly been solemnly de
termined by the proper authorities in the
kingly government of Great Britain long be
fore the commencement of*the American rev--
olution, that it was unconstitutional to raise
armies by conscription, but even the monar
chical government ofjFrance, had not yet ven
tured so far as to disregard the rights of the
subject of that Government, as to adopt this
11 piam teuer uepriveu me uirap ■> . ... , , ’ —
volui teered for the war, in response to calls j practice, which places each man subject to it,
made by the States to fill requisitions made like a chattel, at the will of him who, under
upon them, of the right to elect their officers whatever name, extrehes monarchical power,
when so authorized by their respective States, The practice of the Government of the Uni-
and have them commissioned by their State tad States was also uniformly against con-
authorities ; and that it established a system scription from its creation to its dissolution
of promotion of officers in violation of this In view of these facts of history, can it now
rigbt of the troops, and authorized the Pres- be just to charge the great and good men who
ident to issue the commissions. What press- framed our great and good republican gov-
ing necessity existed to justify thi3 act of ernment with the grave mistake of having
palpable injustice to the State volunteers, conferred upon the General Government of a
who had entered the.Confederate service at Confederation of States powers over the per-
the calls of their respective States f.>r the sons of the citizens of the respective States,
war, with the Constitutional guaranty that which were af the time, regarded too danger*
-* *- *** . ... .-.- 1 i - ous te be exercised by the most absolute Eu
ropean monarchs over their subjects.
When we construe all that is contained in.
the Constitution upon this subject together,
the meaning is clear beyond doubt. The pow
ers delegated by the States to Coogress, are
all il has. These are Chiefly enumerated in
the 8th section of the 1st article of the Con
stitution.
their officers ehould be appointed by the
States, and with the further guaranty from
the States, as in this State, that they should
have the right to elect those who were to com
mand them ? But it is said by the first class
of advocates of conscription, that the Consti
tution must yield to the exigencies of the
times, and that those in authority may violate
it when necessary during the revolution ; if
so, it of course follows that those in authority
must be the jndges of the necessity for its
violation, which makes their will the supreme
law of the land. If this were the intention
of the people, why did they form a Constitu
tion at the beginning of the revolution, and
why did they require aU our Senators and
fe&ygsffifoaMf <g wildly
— - “''6 ~ — -■ ■■
all executive and judicial officers of the Con
federate States, and of the several States, to
take an oath to support this Constitution V
When the Governor of this State and each
member of the General Assembly took a sol
emn oath to support the Constitution of the
Confederate States, no exception was made
which relieved them from the obligations of
the oath during the revolution. This fact
should be remembered by those who admit
the violation of the Constitution, but severe
ly censure the public officer who, true to his
obligation, throws himself ’ll thebreaohfor
the support of the Constitution against the
usurpation.
I here dismiss the first class of advocates,
and turn to the justification set up by the
second, which from its nature, however un
founded, is entitled to more respectful con
sideration. Does the Constitution authorize
Congress to pass an act such as the one now
under consiaeration.?
The advocates of this power in Congress
rest the case upon the 12th paragraph- of the
8th Beojtion of the first article ot the Consti
tution of the Confederate States, which is an
exact copy of a similar paragraph of the
same article and section in the Constitution
of the United States. This paragraph gives
Congress the power “to raise and support
armies.” The advocates of conscription take
this single clause of the Constitution alone,
and contend that it does not define any par
ticular mode of raising armies, and that Con
gress has the power, therefore, to raise them
either by voluntary enlistment, or bv con
scription or coercion, al it may judge best.
The Convontion which framed the Consti
tution of the United States, of which ours is
a copy so far as relates to.this point, must be
supposed to have used terms in the sense in
which they were usually understood at the
time, in the government which had lately
been their own, and from which, as descend
ants, they had derived not only the terms
used, but their whole system of language and
laws, civil and military. In placing a just
construction upon the phrase to “raise ar
mies,” as used by the Convention, we are,
therefore, naturally led to inquire how ar
mies bad be**, and were at that time, raised
by the British Government, from which tbe
members of the Convention “had derived
most of their ideas upon this subject.’ By
reference to the legislation and history of the
British Government, it will be found that ar
mies were net then raised in that Govern
ment by ccnseriplion, but only by voluntary
enlistment. This was not only the case at the
time of the adoption of the Federal Consti
tution, but had become the settled and estab
lished practice of that Government, after de
liberate consideration of the question; which
fact cannot be presumed to have been un
known to the Convention when they nsed the
phrase now under consideration.
The terms used by the Convention having
acquired » definite meaning well understood
_ - V 1 1 1 —nnnVk At ill af ItT T.1*0.
“To declare War ; grant letters of marque
and reprisal, and make rules concerning cap
tures on land and water
Paragraph 12,
“To raise and support armies ;■ but no ap
propriation of money to that use shall be for
a longer term than two years.”
Paragraph 13,
Paragraph" 1 }^" 1 —
“To make rules for the government ana
regulation of tlie land and naval foroes.”
If it were the intention of the Convention
to give Congress the power to “raise armi -s”
by Conscription, these four consecutive para
graphs gave plenary powers over the whole
question of war and peace, armies and na
vies; and it could not have been necessary to
add any other paragraph to enlarge a power
which was already absolute and complete.
If Congress possessed the power under the
12th paragraph above quoted, to compel every
officer and every citizen of every State to en-.
ter its armies at its pleasars, its power was
aa unlimited over the persons of the officers
and citizens of the States, as the power ot the
most absolute monarch in Europe ever was
over his subjects; and it was extreme folly
on the part of the Convention to attempt to
increase this absolute power by giving to Con
gress a qualified power over the militia of the
States, when ita power over every man com
posing the militia, was unqualified and unlim^
ited. That the Convention was not gmlty ©i
the strange absurdity of having given Con
gress the absolute, unlimited power now
claimed for it, will be seen by reference to
the two next paragraphs, which give only
limited powers over the militia of the States-
Paragraph 15 gives Congress the power,
“To provide for calling forth the militia, to
execute the laws of the Confederate States ;
suppress insurrections, and repel invasion ”
Paragraph 16,
“To provide for organizing, arming and
disciplining the militia ; and for governing
such part of them as may be employed in the
service of the Confederate States, reserving
to the States respectively, the appointment of
the officers, and the authority of training the
militia according to the discipline prescribed
by Congress.”
Now it must be admitted that Congress
had no need of the limited power over the
militia of the States, which is given by the
two last paragraphs, if it possessed under the
12th paragraph, the unlimited power to com
pel every man of whom the militia is com
posed, to enter the military service of the
Confederacy at any moment designated by
Congress.
When tho six paragraphs above quoted are
construed together, each has its proper place
and its proper meaning ; and each delegates
a power not delegated by either of the oth
ers. The power to declare war, is the first
given to Congress ; then the power to raise
and support armies: then the power to pro
vide a Navy; then the power to make rules
for the government and regulation cf the land
and naval forces. Congress may, therefore,
make war; and as long as it can do so by tha
use of its armies raised by voluntary enlist
ments, (which was the meaning of the term
“to raise armies,” when inserted in the con
stitution,) and by the use of the navy, It mav
prosecute the war without calling upon tbs
tates for assistance, or in any way interfei
^l r fhTlh“ d J7m£«'f theConientton in- ltVkttll bnttm*
f um , e “Herms when used by them, necessary for Congress to employ more force
tended that these different sense— than the army and tho navy at its command.
SbltMMww (Mr design, tlef »onld cer- in the eicution of the laws ef the CtafeJer*-
SHsstas?'* prfs,/ as/, ss*
was attempted in 17M "*■recruit Ote army by righto of the _the appoint-
jj forced conscription of men from each par
ish but teas laid aside as cscosxtitutiosal.
H was triad again in 1707 with like success;
but it was resolved instead to bring in a bill
for raising a sufficient namber of troops out
of such persons as have no lawfal calling or
employment. A distinguished author says:
“The parish officers were thus enabled to
vress men for the land service, a metiu-
5i*BS ,i 5^a£& ,, *2 , 43S
b - ifre convention ef 1i8j, as of such vital
iiportince, that they, with almost unanimity
voted down a proposition to permit the gene
ral government to appoint even the
officers; while the most ultra federa 1st i